South Africa Case Law

Moolman v Commission For Conciliation, Mediation and Arbitration and Others (JA98/22)

Moolman v Commission For Conciliation, Mediation and Arbitration and Others (JA98/22) [2024] ZALCJHB 339 (22 August 2024)

Court

Labour Court Johannesburg

Case number

JA98/22

Judges

Molahlehi, Nkutha-Nkontwana, Jolwana

The Labour Appeal Court set aside an early review of a CCMA disclosure ruling, holding that the Labour Court should not have intervened in incomplete arbitration.

• Disclosure Of Documents
• Review Of Interlocutory Rulings
• Relevance Of Evidence
• Fixed Term Contracts
• Reasonable Expectation Of Renewal
• Ccma-discovery

S v Khathutshelo and Another (38/2018, R D2/2016)

S v Khathutshelo and Another (38/2018, R D2/2016) [2018] ZALMPTHC 2; 2019 (1) SACR 480 (LT) (26 June 2018)

Court

Limpopo High Court, Thohoyandou

Case number

38/2018, R D2/2016

Judges

Mangena, NF Kgomo

The High Court held that the special review application was not properly brought, as it was not initiated by the magistrate and lacked a substantive application supported by affidavit as required by the Uniform Rules. Even if the procedure had been correct, the court found no basis to interfere with the magistrate's exercise of discretion in refusing a trial-within-a-trial, as section 252A(7) of the Criminal Procedure Act allows the presiding officer to determine the procedure for admissibility of trap evidence. The court reaffirmed the principle that intervention in uncompleted proceedings i…

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• Entrapment
• Admissibility Of Evidence
• Trial Within A Trial
• Judicial Discretion
• Review Of Interlocutory Rulings

Jiba v Minister of Justice and Constitutional Development and Others (J167/09)

Jiba v Minister of Justice and Constitutional Development and Others (J167/09) [2009] ZALC 57; (2010) 31 ILJ 112 (LC) ; [2009] 10 BLLR 989 (LC) (19 May 2009)

Court

Labour Court

Case number

J167/09

Judge

Van Niekerk

The Labour Court has jurisdiction to entertain applications to intervene in uncompleted disciplinary proceedings only in exceptional circumstances. The applicant failed to demonstrate such exceptional circumstances, particularly regarding her suspension, which had been dormant for months and was not urgent. The review of the chairperson's interlocutory ruling was premature, as the disciplinary process was ongoing and the statutory dispute resolution mechanisms under the LRA had not been exhausted. The authority to dismiss or suspend a deputy director of public prosecutions is not ripe for det…

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• Disciplinary Proceedings
• Jurisdiction Of Labour Court
• Suspension Of Employee
• Review Of Interlocutory Rulings

Jiba v Minister Of Justice And Constitutional Development and Others (J167/09)

Jiba v Minister Of Justice And Constitutional Development and Others (J167/09) [2009] ZALCJHB 2 (19 May 2009)

Court

Labour Court Johannesburg

Case number

J167/09

Judge

Van Niekerk

The Labour Court has jurisdiction to entertain applications to intervene in uncompleted disciplinary proceedings, but should only do so in truly exceptional circumstances. The applicant's suspension and the disciplinary proceedings are subject to statutory dispute resolution mechanisms, and piecemeal intervention by the court undermines the legislative scheme. The challenge to the lawfulness of the suspension is not urgent, as the applicant failed to pursue available remedies timeously. The review of the chairperson's interlocutory ruling is premature and not justified. The authority to dismi…

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• Disciplinary Proceedings
• Jurisdiction Of Labour Court
• Urgent Interdict
• Authority To Suspend
• Review Of Interlocutory Rulings

Trustees for the Time Being of the National Bioinformatics Network Trust v Jacobson and Others (C249/09)

Trustees for the Time Being of the National Bioinformatics Network Trust v Jacobson and Others (C249/09) [2009] ZALCCT 5 (14 April 2009)

Court

Labour Court Cape Town

Case number

C249/09

Judge

Van Niekerk

The Labour Court refused to halt a CCMA arbitration pending review of preliminary rulings on legal representation and recusal, finding no grave injustice.

• Ccma Arbitration
• Legal Representation
• Urgent Interdict
• Review Of Interlocutory Rulings
• Ccma-arbitration
• Legal-representation

Trustees, National Bioinformatics Network Trust v Jacobs and Others (C249/09)

Trustees, National Bioinformatics Network Trust v Jacobs and Others (C249/09) [2009] ZALC 35; [2009] 8 BLLR 833 (LC); (2009) 30 ILJ 2513 (LC) (14 April 2009)

Court

Labour Court

Case number

C249/09

Judge

Van Niekerk

The Labour Court refused to stop a CCMA arbitration pending review, holding that no grave injustice justified intervention before the arbitration concluded.

• Urgent Interdict
• Legal Representation In Arbitration
• Ccma Rules
• Review Of Interlocutory Rulings
• Urgent-interdict
• Ccma-arbitration